Accessory after the fact

Question 1

R v Crooks (knowledge)

Answer 1

Knowledge mean actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. mere suspicion of their involvement in the offence is insufficient.

Question 2

R v Briggs (Wilful blindness)

Answer 2

As with a receiving charge under s246 (1), knowledge may also be inferred from willful blindness of deliberate abstention from making inquiries that would confirm the suspected truth

Question 3

R v Mane (offence complete)

Answer 3

To be considered an accessory the acts done by the person must be after the completion of the offence.

Question 4

Definition of AAF

Answer 4

Knowing any person to be a party to an offence, receives, comfort or assist that person or tampers with or actively suppresses any evidence, in order to enable him to escape after arrest or to avoid arrest or conviction

Question 5

What needs to be proved for AAF

Answer 5

• person who R/C/A is party to an offence
• At the time of R/C/A knew the person was a party
• that person tampered with or actively suppressed evidence
• At the time the purpose was to enable that person to escape, avoid arrest or conviction

Question 6

What is the exception for spouse or partner

Answer 6

Can not be charged under section 71(2) CA61 for this offence